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HomeMy WebLinkAboutCOM 0132.000 2014-2016William P. Kenoi Mayor County of Hawaii Walter K.M. Lau Managing Director Randall M. Kurohara Deputy Managing Director Office of the Mayor 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg. C • Kailua-Kona, Hawaii 96740 (808)323-4444 . Fax(808)323-4440 February 10, 2015 Dru Kanuha, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Kanuha and Members: SUBJECT: Change of Zone Application (REZ 14-000183) Applicant: Lance Moe Request: RS -10 to CN -10 Tax Map Key: 2-2-036:042 As required by Chapter 7, Sec. 6-7.5 (a), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above -referenced request. Sinc WILLIA 'K I Mayor MTransCouncilLmoeREZ 14-183 Enclosures cc: Planning Department �e)ll I A(-� County of Hawaii is an Equal Opportunity Provider and Employer. Cotnrn. No. 1_3z Ref. To: PC Rot. Date FE13 12 20151 County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (808) 961-8288 • Fax (808) 961-8742 February 9, 2015 Dru Kanuha, Council Chair and Members of the County Council County of Hawaii 25 Aupuni Street c ; Hilo, HI 96720 Dear Chairman Kanuha and Council Members: Change of Zone Application (REZ 14-000183) Applicant: Lance Moe , Request: RS -10 to CN -10 Tax Map Key: 2-2-036:042 The Windward Planning Commission, at its duly held public hearing on February 5, 2015, recommended for your approval the proposed legislative bill for a Change of Zone from an Single -Family Residential -10,000 square feet (RS -10) to Neighborhood Commercial -10,000 square feet (CN -10) for 22,500 square feet of land located on the southwest corner of the intersection of Kekuana6`a Street and Laukapu Street, Waiakea House Lots, Waiakea, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: The applicant is requesting a change of zone from Single -Family Residential 10,000 square feet (RS -10) to Neighborhood Commercial 10,000 square feet (CN -10) to construct a medical office for the landowner, Chedhold, LLC, whose principal and managing member is Dr. Edward Gutteling. The medical office is to be occupied by Dr. Gutteling and possibly another physician. The proposed medical facility would consist of an approximately 3,150 square -foot, single -story structure. The applicant Hawai `i County is an Equal Opportunity Provider and Employer Dru Kanuha, Council Chair and Members of the County Council Page 2 intends to begin construction after obtaining all necessary permits and hopes to have occupancy by mid -2016 or sooner. The estimated cost of the basic infrastructure and on- site improvements is $800,000. Dr. Gutteling currently practices at 45 Mohouli Street and his lease is about to expire. If he were to stay at the present location, there would be a need for significant interior renovations to make his practice more efficient. He is proposing to build his own new facility rather than put substantial monies into a leased facility. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from RS -10 to CN -10 will conform to, among others, the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities and transportation systems. The proposed project conforms to the Commercial Development goal which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The project area is designated Medium Dru Kanuha, Council Chair and Members of the County Council Page 3 Density Urban on the LUPAG Map. This designation allows village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential — up to 35 units per acre). The requested zoning would be consistent with the urban designation on the LUPAG Map for this area of Hilo. The requested zoning is also consistent with the following goals, policies, and actions of the General Plan: LAND USE — GENERAL • Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. LAND USE — COMMERCIAL • Provide for commercial developments that maximize convenience to users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. • Commercial facilities shall be developed in areas adequately served by necessary services such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Within the Waiakea Houselots "medium density" area, commercial development shall be focused on the major streets --- Kekuanaoa, Piilani, Manono, and Lanikaula, while the interior blocks should be zoned primarily for single- and multi -family residential use. The State Land Use designation for the subject property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP), adopted in 1975, suggests residential uses in this area. Dru Kanuha, Council Chair and Members of the County Council Page 4 However, this area is transitioning to higher density commercial type uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is a vacant, 22,500 square foot parcel located on Laukapu Street. The property was formerly used as a single-family residence, and the applicant proposes to renovate the dwelling to relocate her real estate business to the site. The land uses in the area are a mix of residential and commercial uses. Big Island Candies is located on Hinano Street northwest of the site. Properties within 500 feet of the property along Laukapu Street to the north have been rezoned into the MCX-20 district for a proposed restaurant, retail shop, and a veterinary clinic. Immediately adjacent properties to the north and south are zoned RS -10 and improved with residences. Rezonings in the area from RS -10 to Neighborhood Commercial include: • TMK: 2-2-34: 85 and 93 (Ordinance No. 00 03 1) • TMK: 2-2-34: 12 (Ordinance No. 06 107) • TMK: 2-2-34: 13 (Ordinance No. 06 124) • TMK: 2-2-34: 84 (Ordinance No. 08 006) • TMK: 2-2-36: 25 and 26 (Ordinance No. 08 20) • TMK: 2-2-34: 88 (Ordinance No. 09 45) • TMK: 2-2-34: 82 (Ordinance No. 10 76) • All utilities and services are available to the site. The project will connect to the existing County sewer system. Solid waste will be disposed of by commercial handlers. Access to the property will be from Kekuana6`a Street and Laukapu Street. Full access to the project site will be from Laukapu Street, designated as a collector with a substandard right-of-way width of 40 feet. The applicant will be allowed to provide a right -in and right -our access to the project site from Kekuana6`a Street, designated as a secondary arterial with a substandard right-of-way width of 50 feet. The Department of Public Works (DPW) has recommended that the applicant provide improvements to the property's entire Kekuana6`a Street and Laukapu Street frontages consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. Dru Kanuha, Council Chair and Members of the County Council Page 5 County water is available to the property from a 6 -inch waterline within Kekuana6`a Street or Laukapu Street. In a letter dated December 29, 2014, the applicant agrees to comply with the Department of Water Supply's comments relative to fire protection, prior to issuance of a building permit. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500 -year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. No professional surveys were conducted of the site due to the history of the property being used for residential purposes. By letter dated December 18, 2014, the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD) has issued a "no -effect" letter regarding the proposed project. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site as the property is improved and located within an urban environment close to existing commercial uses. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The project site is not proximate to the shoreline and outside of the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Lastly, this approval is made with the understanding that the Applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Dru Kanuha, Council Chair and Members of the County Council Page 6 Based on the above, the approval of the change of zone request from a Single -Family Residential (RS -10) to a Neighborhood Commercial (CN -10) zoned district would result in an appropriate land use pattern that will further benefit the general public. The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. We are enclosing copies of the staff Background, Planning Director's Recommendation, and the Powerpoint presentation for your information. Sincerely, LO Myle Miyasato, Chairman Windward Planning Commission LLmoerez14-183wpc1 Enclosures cc: Mr. Sidney M. Fuke, Planning Consultant Lance Moe Department of Public Works Department of Water Supply William Brilhante, Esq., Corporation Counsel tia Woe-REZ14-183.jwd-01 /23/15 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT LANCE MOE CHANGE OF ZONE APPLICATION (REZ 14-000183) LANCE MOE has submitted an application for a Change of Zone from Single -Family Residential 10,000 square feet (RS -10) to Neighborhood Commercial 10,000 square feet (CN -10) for 22,500 square feet of land. The property is located on the southwest corner of the intersection of KekuanaWa Street and Laupaku Street, Waiakea House Lots, Waiakea, South Hilo, Hawaii, TMK: 2-2-036:042. PROPOSED DEVELOPMENT 1. Request/Project Description: The applicant, who is a contractor for the landowner, is requesting a Change of Zone from RS -10 to CN -10 to construct a medical office for the landowner, Chedhold, LLC, whose principal and managing member is Dr. Edward Gutteling. The medical office is to be occupied by Dr. Gutteling and possibly another physician. The proposed medical facility would consist of an approximately 3,150 square -foot, single -story structure. Parking will be provided on-site with 27 parking stalls, 2 of which would be handicap accessible. Additionally, there will be a right -in and right -out access proposed for the Kekuanaoa Street entrance and a full movement access from Laukapu Street. Lastly, the applicant is proposing to construct curb, gutter and sidewalk improvements along the road frontages, which includes the dedication of road widening strips. (Planning Department Exhibit 1- Change of Zone application) 2. Reason for Request: Dr. Gutteling currently practices at 45 Mohouli Street and his lease is about to expire. If he were to stay at the present location, there would be a need for significant interior renovations to make his practice more efficient. The applicant is proposing to build a new facility rather than put substantial monies in a leased facility. 3. Timetable/Cost: If approved, the applicant intends to begin construction soon after obtaining all necessary permits and hopes to have occupancy by mid -2016 or earlier. The estimated cost of the basic infrastructure and on-site improvements is $800,000. 4. Landowners: Chedhold, LLC. 4 - Re: Bill 26/Comm. 132 a OTHER INFORMATION 5. Proposed CN zoning: • Height limit - 40 feet. • Setback - front, 15 feet; side yards, 8 feet. • Landscaping - required on all front yards; side yard requires a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways. • Plan approval required. (Planning Department Exhibit 2- List of Permitted Uses in CN Zoning District) STATE AND COUNTY PLANS 6. State Land Use Designation: Urban. 7. General Plan LUPAG Map: Medium Density Urban. 8. County Zoning: RS -10. 9. Hilo Community Development Plan: The Hilo Community Development Plan adopted by Resolution No. 1 on May 21, 1975 designates this area as RM -4. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 10. Subject Property: The property is a 22,500 square foot parcel that is rectangular in shape and is currently vacant of uses and structures. 11. Surrounding Zoning and Land Uses: The land uses in the area are a mix of residential and commercial uses. Big Island Candies is located across KekuanaWa Street, north of the subject property. Properties within 500 feet of along Laukapu Street to the north have been rezoned into the MCX-20 district for a proposed restaurant/retail shop, and a veterinary clinic. Immediately adjacent properties to the east, west and south are zoned RS -10 and improved with residences. Rezonings in the area from RS -10 to Neighborhood Commercial include: • TMK: 2-2-034:085 (Ordinance No. 08 006) • TMK: 2-2-036:053 (Ordinance No. 14 032) • TMK: 2-2-036:123 (Ordinance No. 02 011) • TMK: 2-2-036:025 and 026 (Ordinance No. 08 20) -2- 12. U.S.D.A. Soil Type: Keaukaha extremely stony muck, 6 to 20 percent slopes (rKFD). The Keaukaha Series consists of well drained, thin organic soils over pahoehoe lava bedrock. 13. Land Study Bureau's Productivity Rating: Unclassified. 14. FIRM: Zone "X", an area outside of the 500 -year flood plain. 15. Flora/Fauna: As the project site was previously in residential use for over 80 years and located within an urban environment close to commercial, industrial and residential uses, no professional surveys were conducted. The applicant does not believe that there are any rare or endangered floral or faunal resources within or proximate to the project site. 16. Archaeological/Historical Resources: No professional surveys were conducted of the site, due to the history of extensive disturbance. By letter dated December 18, 2014, the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD) has issued a "no -effect" letter regarding the proposed project. 17. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 18. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. PUBLIC UTILITIES AND SERVICES 19. Access: Access to the property will be from Kekuana6'a Street and Laukapu Street. Full access to the project site will be from Laukapu Street, designated as a collector with a substandard right-of-way width of 40 feet. The applicant will be allowed to provide a right -in and right -out access to the project site from Kekuana6`a Street, designated as a secondary arterial with a substandard right of way width of 50 feet. The Department of Public Works (DPW) has recommended that the applicant provide improvements to the property's entire Kekuana6'a Street and Laukapu Street frontages consisting of, but not limited to, right of way and pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. The DPW states that the improvements shall be located in the road widening setbacks. 20. Water: County water is available to the site. -3- 21. Wastewater: The project area is serviced by a County sewer system. 22. Solid Waste: Solid waste will be handled by commercial haulers. 23. Essential Utilities and Services: Electricity and telephone services are available to the project site. County fire stations, police and emergency medical services are available to the area. AGENCIES' AND ORGANIZATIONS' COMMENTS 24. Department of Public Works: (Planning Department Exhibit 3- December 11, 2014 Memo) 25. Department of Water Supply: (Planning Department Exhibit 4- December 18, 2014 Memo) 26. Department of Environmental Management: (Planning Department Exhibit 5 - December 5 & 12, 2014 Memos) 27. Police Department: (Planning Department Exhibit 6- December 16, 2014 Memo) 28. DLNR-State Historic Preservation Division: (Planning Department Exhibit 7 - December 18, 2014 Letter) 29. DLNR-Land Division: (Planning Department Exhibit 8- December 30, 2014 Letter) 30. Department of Health: (Planning Department Exhibit 9- December 19, 2014 Memo) AGENCIES - NO RESPONSES 31. Fire Department APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 32. The applicant submitted the following letter in response to agency comments. (Planning Department Exhibit 10- December 29, 2014 Letter) PUBLIC COMMENTS 33. As of this writing, the Planning Department has not received any written objections or comments from the general public or adjacent landowners on the subject application. -4- 1 APPLICATION FOR COUNTY REZONING (RS -10 to CN -10) APPLICANT: LANCE MOE Waiakea House Lots, South Hilo, Hawai' i TMK: (3) 2-2-036: 011 & 042 Prepared For: Dr. Edward Gutteling and Lance Moe Prepared By: Sidney M. Fuke, Planning Consultant November 2014 Planning Dept. Exhibit,.— I_,,,,,F CHANGE OF ZONE APPLICATION "I I wW i— �f i 3 c COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) AP P LIC ANT: Lance Moe APPLICANT'S SIGNATURE: ATE: 11/21/2014 ADDRES S : HC 1 Box 5029 Keaau, HI 96749 LIST APPLICANT'S INTEREST IF NOT OWNER: Builder/Contractor LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.) 734 7 240 (Fax) tL58 LANDOWNER(S): CHtD fk>,D LANDOWNER S IGNATURE(S ); DA.�E: LANDOWNER(S) ADDRES S : S3 fro 1, / 4etter�G, REQUEST; RS -10 TO CN -10 TAX MAP KEY. (Existing zoning) 2-2-036: 042 & 111' (Proposed Zoning) S TREET ADDRES S OF P ROP ERT_Y: 670 Kekuanaoa Street SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 22,500 square feet AGENT: Sidney Fake, Planning Consultant ADDRESS- 100 Pauahi 33treet, Suite 212 Hilo, HI 6720 TELEPHONE: (Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Lance Moe (See Instructions on Reverse Side) 2 T MMM /1TrTwn arm Commercial, RM, Resort, & Industrial PLANNING DEPARTMENT COUNTY OF HAWAII APPLICATION FOR CHANGE OF ZONE I. if your request is approved, do you intend to subdivide the subject land in accordance with the approved change of zone? No If Vis, please answer the rest of question I and then to question 3. a. How many acres of the requested area do you intend to subdivide? N/A b. Into what lot sizes? C. if your request is approved, approximately how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? N/A If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. If do you nave no firm plans of subdividing the subject area, intend you to: a. Sell or lease the land to someone who has firm plans? No b. Sell or lease the land to someone who has tentative plans? No C. Sell or lease the land to someone who has no plans? No Id- Keep it? Yes e. other (please state) f. If you intend to do either a, b, or c, please elaborate on the kind of plans the other party has. Please, also, include in your answer approximately how soon after approval of your rezoning do you expect to transfer the subject land to another party. 3. What specific building plans do you have for the subject land? Include in your answer the following: type of building (apartment, office, launderette, etc.); financing arrangement; timetable for construction; and any other information which you feel might help us in evaluating your request. Develop a medical and related office complex 4. Have you performed any study which would demonstrate a need for your proposed building and/or development? No if so, please elaborate on your findings in the space provided below. -2- 8 To your knowledge, has there been any flooding and/or drainage problem on the subject area? If so, please describe the problem. 9. Do you think that the roads leading to the subject area needs improvement? If so, what kind? Is the road adequate for the proposed traffic volume or load? 10. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? 9. h. i. Schools Roads Sewer Drainage Police Protection Fire Protection Recreational Facilities Recreational Facilities -4- yes No No Yes x x Forthose checked `des,"p-base ebborate whattype orknds of in prDvem ents and/or ass -stance are needed. 11. H ave you perfDm ed any histDrh sles study and/orsurvey of the subj�ctama? If so, w hatw ere the resu]ts? P Kase, also, subm eta copy of the study bgetherw 1h this change of zone supphm ent No. A letter of"no significant impact" is attached. Signature: Address: HC 1 Box 5029 Keaau, HI 96749 Tehphone: (808) 217-5259 Date: 11/21/2014 -5- 6338A/50A P.D.S/84 COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST - RS -10 to CN -10 LANCE MOE WAIAKEA HOUSE LOTS, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-2-036: 042 and111 1. INTRODUCTION Lance Mode ("Applicant") wishes to rezone the subject parcels ("Site") consisting of a combined area of 22,500 square feet, from Single -Family Residential (RS -10) to Commercial -Neighborhood (CN -10) in the City of Hilo, Hawaii. The Site is located on the southwestern corner of the intersection of Kekuanaoa and Laukapu Streets, Waiakea House Lots, Waiakea, South Hilo, Hawai'i, TMK: (3) 2-2-036: 042 and 111. A portion of the Big Island Candies project is situated on the opposite side or north of the subject site. If successful, the Applicant plans to construct a medical office for the landowner, Ch?dhold, LLC, whose principal and managing member is Dr. Edward Gutteling. The medical office is to be occupied by Dr. Gutteling and perhaps another physician. H. PROJECT LOCATION As noted earlier, the Site consisted of 2 lots which were recently approved for consolidation by the County Planning Director on November 18, 2014. Collectively, they add up to 22,500 square feet and, while already approved for consolidation, are still identified by TMK: 2-2-036: 042 and 111. The vacant Site is located at the southwestern corner of Laukapu Street and Kekuanaoa Street. An unimproved parking lot and storage area servicing Big Island Candies is situated on the opposite corner to the north. (Figures 1 and 2) The Site is a rectangular -shaped area with a depth of 225 feet and a width of 100 feet. III. PROJECT DESCRIPTION Dr. Gutteling currently practices at 45 Mohouli Street. As his lease is about to expire and staying there would have required significant interior renovations to make his practice more efficient, he would like to relocate his practice to this site, if the rezoning were approved. The proposed medical would consist of approximately 3,150 square feet, exclusive of a porte cochere. The single -story structure is not expected to exceed 25 feet in height. As proposed, there would be 27 parking stalls, 2 of which would be handicapped accessible. A right -in, right -out access is proposed at the -1- ®A 7� 4� 7 g T -T-1 ---11713-7 7 /7 t, N J L Figure V 0 Pv SUBJECT SITE UN'o JR T.4 Y4 NP. pp4f t, N J L Figure Kekuanaoa Street entrance, whereas there would be full movements at the Laukapu Street entrance. (Figures 3-5) Also being proposed are curb, gutters, and sidewalk fronting the entire property. This will also include the dedication of an additional 10 -foot right-of-way strip along Kekuanaoa Street and 5 feet along Laukapu Street. (See Figure 3) The Applicant and landowner fully intend to comply with all related land use and development codes such as Plan Approval, parking requirements, landscaping provisions, fire and ADA requirements. IV. TIMETABLE AND COST The Applicant intends to secure the required construction permits and begin the appropriate infrastructure improvements upon securing all development permits. Construction is proposed to commence after obtaining all necessary approvals, with proposed occupancy by mid 2016 or sooner. The estimated cost of the basic infrastructure and on-site improvements will be in excess of $800,000. This cost would include site preparation including the curb, cutter and sidewalk, basic structure, and landscaping. It does not include the interior furnishing. V. INSTITUTIONAL CONSIDERATIONS A. State Land Use The State Land Use designation for the properties is Urban. As such, a land use boundary amendment for the requested CN -10 zoning is not needed. B. County General Plan The County General Plan Land Use Pattern Allocation Guide Map ("LUPAG") designation is Medium Density. The proposed CN -10 zoning is consistent with that designation. It should be noted that along Laukapu Street, the area north of Kekuanaoa Street is designated Industrial on the LUPAG map. C. Hilo Community Development Plan The Hilo CDP was adopted by the Planning Commission in 1975 over 25 years --ago and -intended -to further -define -the -General Plan and provide short and middle range implementation strategies of the General Plan. Since the adoption of the Hilo CDP, there have been significant land developments in the City of Hilo, including the shopping complexes in and -2- 1 1 1 I l3TutsnavHnvi .O*OOL 22 6 53®M.E a a di BI{Si Vf M Figure 3 C O 0 9 d C O b ! 9 d W y Leo °` I R Fi_gure 4 u uQE 9 Z I Fi_gure around the Puainako/Kanoelehua Intersection, expanded commercial uses near the University complexes and commercial/industrial uses along the southern portion of the Waiakea Houselots area. These developments render many of the CDP land use concepts obsolete. Although the document was reviewed by the County Council, the CDP was never adopted by ordinance. The CDP's Land Use Concept Map identified this area as RS -10, which is inconsistent with the County General Plan LUPAG map. The LUPAG map has been amended three times to reflect the current environment of the Waiakea Houselots area and nearby areas. As such, some of the planning assumptions reflected in the 1975 CDP are now obsolete. The GP LUPAG map therefore is a more accurate land use depiction of the affected properties and surrounding lands. The County Charter requires all change of zones to be consistent with the designation in the General Plan. In this case, the GP LUPAG designation is Industrial, and thus, the requested CN -10 zoning would be consistent with the Medium Density designation. D. County Zoning The property is zoned Single Family Residential 10,000 square feet (RS - 10). However, over the past decade, various rezonings in the area to commercial or industrial -commercial mixed uses have been approved. Properties within 500 feet along Laukapu Street have been recently rezoned into the MCX-20 district for a restaurant and retail shop as well as a veterinarian clinic. A property to the south and along the east side of Laukapu Street less than 500 feet was recently rezoned into the CN -20 district. As such, the surrounding area has been transitioning from single- family residential to commercial and industrial uses. E. Special Management Area The property is not located in the Special Management Area ("SMA"); as such, no SMA Major Permit is required. VI. ENVIRONMENTAL CONSIDERATIONS A. Prouect site The rectangular -shaped Site consists of 22,500 square feet. Although the site is vacant of any structures, it was used residentially in the recent past. B. Surrounding Properties Located within a 1/2 mile radius from the project site are various zoning designations including General Commercial (CG), Single -Family -3- Residential (RS), Neighborhood Commercial (CN), Limited Industrial (ML) and Industrial -Commercial Mixed (MCX). (See Figure 1) Big Island Candies zoned General Commercial (CG -20) is located on the west side of northern side of Laupaku Street. Two properties less than 500 feet away to the north were recently rezoned MCX-20. A potato chip factory, quilt shop, various office uses, condominiums, church, offices for the County of Hawaii Department of Water Supply, and IEG Federal Credit Union are located proximate to the site. Further to the north is a self - storage facility, and the Best Store, Aloha Petroleum and real estate offices are located on Kekuanaoa Street to the east. The requested zoning is thus consistent with the evolving mix of commercial and industrial land use patterns in the area. C. Climate, Soil and Topography According to the State Commission on Water Resource Management, the closest rain gauge in this area is the Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. The property is located approximately 20 feet above mean sea level, and is fairly level. The Natural Resource Conservation Service's Land Study Bureau Overall Master Productivity Rating designates this site as Keaukaha Series (rKFD), which is extremely rocky muck; well -drained thin organic soils overlying pahoehoe lava rock. The runoff is medium and the erosion hazard is slight. The project site is unclassified under the Agricultural Lands of Importance to the State of Hawaii ("ALISH") classification system. This classification does not recognize this site as being agriculturally important. U. ?natural Hazards 1. Drainage The Federal Emergency Management Agency (FEMA) Flood Insurance Rate map (FIRM) identifies the project area as Zone "X" (areas outside of the 500 -year flood). There are no existing drainage ways on the site. 2. Volcanic, Earthquake and Tsunami Hazards According to the United States Geological Survey maps, the project -A- Site is located within Lava Flow Hazard Zone 3, on a scale of ascending risks 9 to 1. The entire City of Hilo falls in the Zone 3 category. The Building Code designates the entire island of Hawaii Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazard. The site is located in the County of Hawaii Civil Defense Agency's Tsunami Evacuation Zone. Nonetheless, the applicant will adhere to any County or State procedures if required to evacuate. 3. Flora and Fauna No professional flora or fauna study was conducted of the project site. Due to the developed state of the project site and its immediate surroundings, as well as the fact that the site was recently cleared, the Applicant does not believe that rare or endangered floral or faunal resources are likely to be found within or proximate to the site. The Site, until it was demolished, has been in residential use for more than 80 years. Plant species found on the site and within the surrounding vicinity are introduced landscaping. The long-term residential use and established urban qualities in the project area make it poorly suited as a habitat for any listed or candidate for endangered species. Fauna birds observed within the project site and vicinity include the Japanese White -Eye, Yellow -Billed Cardinal, Zebra Dove, Common Myna, House Sparrow, and House Finch. Domestic mammals such as cats and dogs and other animals such as mongoose and feral cats are common to the area. None of the species are rare or endangered. Due to the surrounding established urban uses, it is highly unlikely that the site would serve as a habitat for rare or endangered animal species. 4. Flood and Coastal Hazards The Federal Emergency Management Agency ("FEMA") designates the project site as Zone "X", areas outside the 500 -year flood plain and not shown on Flood Insurance Rate Maps on file with the County Department of Public Works. Although the site is located in Zone "X", the Applicant will adhere to any County and State requirements related to tsunami and coastal evacuations. 5. Noise, Air Quality and Dust Generally, ,,ir quality is affected by regional and local climates as -5- well as the amount and type of human activity in a given location. No large, stationery sources of air pollutants and no major industries are located within the project area. Air quality in the vicinity is most affected by emissions from natural and vehicular sources. Existing ambient noise in this area includes wind, foliage and traffic on Laukapu Street and Kekuanaoa Street, the latter serving as a major thoroughfare in this area. In addition, the project site is located near the Hilo International Airport and is subject to noise associated with air traffic. Although the project would slightly increase traffic in the area, it is not expected to generate significant levels of air pollutants as only discernible air quality would be associated with traffic to and from the site. The proposed development should not generate any direct air impacts. As the project itself is not expected to generate adverse air pollutants, the only air quality impact would be associated with vehicular traffic to and from the site. While the added traffic will have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing trade winds. There will be short-term noise impacts during the construction of the new building. To mitigate this impact, construction will be limited to daylight hours and weekdays. Contractors will be required to comply with established State Department of Health guidelines and standards relating to noise and emission controls. All of the required parking area within the project site will be paved with an all-weather, dust free surface. Landscaping will also be required as part of the Plan Approval requirement. As such, with the exception of minimal construction dust in the beginning, long term dust generated by the project should be insignificant. Given the existing ambient noise and existing urban environment, the proposed request would not have a significant noise impact to surrounding properties. 6. Water and Coastal Resources The project site is located more then one mile from the coastline. Coastal impacts resulting from discharge or drainage systems from ME the site should not be significant. As a non -coastal property, no coastal access is required or will be affected. The area is currently serviced by the County of Hawaii sewer system and the proposed development will maintain connection to this system. This should further reduce potential adverse groundwater or nearshore water impacts resulting from this project. If needed, prior to the installation or use of any drywells on the site to address on-site drainage concerns, the appropriate UIC permit from the State will be secured 7. Scenic and Visual Consideration In the Natural Beauty element of the General Plan, there are sites or areas listed as scenic resources. The properties are not listed as a scenic site. The property location provides for views of Mauna Kea in the mauka direction. The views of Mauna Kea and Mauna Loa should not be significantly compromised when traveling along Laukapu Street. This is due to the proposed building being setback from Laukapu Street and the heights of those mountains. Thus, with the planned height of the structure, the location of the site in relation to the views of the significant landmarks, and the sloping topography, the visual impact should not be overly pronounced. 8. Cultural Resources In view of the Hawaii State Supreme Court's "PASH" and Ka Pa'akai O Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices on this site. In this situation, the properties are not adjacent and/or proximate to the shoreline; as such, native gathering rights and coastal access is not an issue. Although the property is fully developed and has been used for residential purposes, the requirements of the Hawaii State Supreme Court's criteria in the Ka Pa'akai O Ka'aina case must be addressed. It is not known whether the properties or immediate area was used in the past for the gathering of plants by native Hawaiians. rie However, as the site has been cleared and improved with a dwelling in the past, it would appear highly unlikely that the site would be used for gathering purposes. In the unlikely event that legitimate gathering claims are made by native Hawaiians, the Applicant and landowner intends to respect and honor such claims and provide the needed access to the project site. The Site is not listed on the Federal and State Register of Historic Sites or identified as a historic site in the County of Hawaii General Plan Historical Element. Since the Site has been fully developed with a single-family dwelling and fully cleared, there are no observable traditional and customary native Hawaiian practices being exercised on the site. As no valued cultural, historical or natural resources and no traditional and customary native Hawaiian rights were found or are practiced on the site, these rights will not be affected or impaired by the proposed use. There is no feasible action to be taken by the Windward Planning Commission other than to require that if in the future, any valued cultural, historical, natural resources and/or traditional and customary native Hawaiian rights are discovered on the project site, the applicant will report the discovery to the State of Hawaii, Department of Land and Natural Resources, Historic Preservation Division for review. 9. Historic and Archaeological Resources Most of the historic sites of South Hilo have been destroyed by agriculture, urban growth, and natural changes in land forms. The properties are not among those listed as historic properties in the Hawaii State Register of Historic Places, have not been determined to be eligible for inclusion in the National Register of Historic Places, and is not profiled as a significant cultural and/or historic site in the General Plan within the South Hilo district. The Applicant's consultant will request a letter of no effect from the State Department of Land and Natural Resources Historic Preservation Division (DLNR-HPD). Although the property is not among those listed as historic properties in the Hawaii Sate Register of Historic Places, if, during the course of improving the site, should any unanticipated archaeological features or sites be uncovered, work will cease and the applicants will immediately notify the Planning Department. E. Infrastructure 1. Road and Traffic The existing single in/out access will continue from Laukapu Street. Laukapu Street is a County -owned, 2 -lane road with a right-of-way of 40 feet. Further, a one-way in, one-way out driveway is being proposed along the Kekuanaoa Street frontage. The one-way out movement would be restricted to right -turn movements only. As with other rezoning in this area, the Applicant and landowner would be willing to provide its share of roadway improvements by foregoing 5 feet of its property fronting Laukapu Street. They also understand and accept that curb, gutters, and sidewalk improvements fronting a commercial site have been made a condition of rezoning approval. The proposed medical office is not expected to generate more than fifteen (15) AM and PM peak hour traffic. As such, the project does not reach the 50+ movement threshold for a Traffic Impact Analysis Report. 2. Utilities Essential utilities such as telephone and electrical services are currently available to the site 3. Water County water is available to the site. If approved and if necessary, the Applicant intends to secure the required water commitment from the Department of Water Supply and do the necessary infrastructure upgrades, such as the installation of a backflow preventer and larger meter. 4. Solid Waste Solid waste will be handled by commercial haulers who will dispose the refuse at the County landfill in Hilo. During the construction phase of this project, efforts will be taken to minimize disposal and waste will be discarded at approved disposal sites. 5. Wastewater The project site is serviced by a County sewer system. The Applicant intends to maintain a connection to this system. WE 6. Essential Services As this project area is already part of an urban area, services are available in close proximity to the site. Police and fire services are located less than two miles from the site. Hilo Medical Center is located approximately three miles from the project site. As the project is for a commercial use, it should have little or no direct impact to schools, parks and other related facilities. No extension of government services would be required, and existing facilities should be sufficient to accommodate the demand from this project. F. Environmental Assessment and Analysis RELATIONSHIP BETWEEN LOCAL SHORT-TERM USES OF THE ENVIRONMENT AND THE MAINTENANCE_ AND ENHANCEMENT OF LONG-TERM PRODUCTIVITY The short-term use of the Site would probably be the same as the current use, which is open space. This will continue until the full improvements are made, which will hopefully commence in mid -2015 and be completed within a year thereafter. This project should not result in any significantly adverse short or long- term impacts that cannot be properly mitigated. There will be direct and indirect economic benefits resulting from the construction and implementation of this project. There will be construction jobs created in the short-term and at least the retention of the landowner's six (6) full-time equivalent positions. Relatedly, the project will generate increased tax revenues that can supplement the State and County's fiscal resources. Because of its location, this project will provide a service that can be made reasonably accessible to the immediate neighborhoods. The required infrastructure - if needed - will be implemented by the Applicant to mitigate potential impacts of this project. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES The project site has been extensively disturbed. As such, the commitment of natural or other resources such as botanical, avifaunal, and archaeological, would not appear to be significant. -10- MITIGATIVE MEASURES The Applicant and landowner intend to provide any required off and on - Site infrastructure in conjunction with the development of this project. These may include an on-site drainage system, landscaping, road, sidewalk, water, and wastewater improvements, in conjunction with the permitting and permit implementation phases of this project. Off-site traffic -related improvements to Laukapu Street fronting the subject property will be provided, if necessary. Any inadvertent archaeological discoveries during any phase of the project will be reported to the Planning Department, and appropriate mitigation measures will be taken. Appropriate landscaping consistent with the Planning Department's Rule No. 17 will be incorporated on the project site. ALTERNATIVE TO THE PROPOSED PROJECT 1. No Proiect Under the status quo alternative, the site would remain in its present vacant, cleared use. Under this scenario, the site would not be utilized to its highest and best use, as envisioned by the General Plan and the commercial and residential growth of the general area. 2. Development Based on Existing RS -10 Zoning Under this alternative, the area of the requested zoning may still not be utilized for single-family residential purposes. A maximum of two (2) dwellings would be allowed. Residential uses, however, may not be too desirable, due to noise associated with the traffic along Kekuanaoa Street. 3. Residential Rezoning Another option could be to utilize this site for a denser residential project. While that would still be consistent with the General LUPAG's map Medium Density designation, it may not be too feasible, given the need for off-site infrastructure improvements, such as road and wastewater as well as the noise factor along Kekuanaoa Street. . 4. Evaluation of Alternatives Leaving the property in its current state would not maximize the use - 11 - of the land. The land could be subdivided, but its residential uses would be minimal. There would also be diminished tax revenues and fewer services to the public. While alternative residential densities are possible, those uses may not be really desirable, given its proximity to Kekuanaoa Street and the cost to provide the required off-site infrastructure improvements. Neither of the above alternatives could deliver some needed off-site infrastructure improvements as would the requested commercial project. The proposed project would make improvements along the Kekuanaoa Street and Laukapu Street frontages. Then, too, the use would provide needed medical and office -related services to the area community, thereby reducing longer commutes. In that regard, the project in totality would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map. VII. REGULATORY ANALYSIS A. General Plan The General Plan provides for the long-range comprehensive development of the Island of Hawaii. It provides direction for balanced growth in the County. The LUPAG map designates the site as Medium Density, a designation that allows the requested CN -10 zoning. Accordingly, this request would be consistent with the LUPAG Map. The requested zoning would be consistent with the goals, policies and standards of the Economic and Land Use Elements of the General Plan. Specifically, the more pertinent ones follow: Economic Element Goals: • Provide residents with opportunities to improve their quality of life. • Economic development and improvement shall be in balance with the physical and social environments of the Island of Hawaii. • The County of Hawaii shall strive for diversity and stability in its economic system. -12- • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. Economic Element Policies • The County shall strive for an economic climate which provides its residents an opportunity for choice of occupation. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. Land Use Element (Commercial) Goals • Provide for commercial developments that maximize convenience to it users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. Land Use Element (Commercial) Policies Commercial facilities shall be developed in areas adequately served by necessary senrices, such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. Distribution of commercial areas shall be such as to best meet the demands of neighborhood, community and regional needs. The development of commercial facilities should be designed to fit into the locale with minimum intrusion while providing the desired services. Appropriate infrastructure and design controls shall be incorporated into the review of such development. Land Use Element Standards • Commercial development shall be located in areas adequately served by transportation, utilities, and amenities. Commercial developments shall provide for adequate internal circulation amongst commercial facilities in the area. • Off-street parking and loading facilities shall be provided. • Commercial development shall maintain or improve the quality of the present environment through the consideration of visual, access, landscaping, and other design elements in their development. • Preference shall be given to commercial lands with a reasonably level topography. -13- Discussion and Conclusion If approved, the project would provide additional commercial opportunities in the form of medical offices in the Hilo area. Its location is ideal to service the community and is proximate to existing commercial, industrial, and residential uses. All required infrastructure is in place and/or would require minimal modification-. If development of infrastructure is required, it would be provided by the Applicant without taxing government's servicing ability. The project site has limited on-site developmental constraints. Due to its prior residential use, archaeological, floral, or faunal concerns should be minimal or non-existent. There may be a potential for some endemic birds to visit this area. The development of this site would not remove an existing critical habitat. Furthermore, if there are inadvertent archaeological features discovered on the site, work will stop and the State DLNR and County Planning Department will be consulted before further activities occur within the affected area. Assuming this request is approved, the site will be used for commercial purposes. All structures and improvements would be developed consistent with the Zoning and Building Code. No variance from the Code is anticipated. B. Hawaii State Plan Chapter 226, Hawaii Revised Statutes, outlines the long-range goals and policies of the Hawaii State Plan. The Plan is intended to serve as a guide for the growth and future long-range development of the State. The request is consistent with the following goals of the Plan: • A strong, viable economy characterized by stability, diversity, and growth that enables the fulfillment of the needs and expectations of Hawaii's present and future generation; • A desired physical environment characterized by beauty, cleanliness, quiet, stable and natural systems, and uniqueness that enhances the mental and physical well-being of the people; • Physical, social and economic well-being for individuals and families that nourishes a sense of community responsibility and caring of participation in family life. The proposed project would achieve these goals and would provide both direct and indirect employment opportunities for current and future residents of the island; contribute to the island's overall tax base and increase both State and County revenues, and complement and support -14- other economic uses. This, in turn, will contribute to the stability, diversity, and growth of local and regional economies. The employment opportunity would come without adversely affecting the environment. Impacts to the surrounding areas would not be significantly affected. All required infrastructure will be in place prior to occupancy of any portion of the project. The provision and/or retention of natural landscaped buffers around the perimeter of and selected portions within the project site would also help mitigate any adverse visual and noise impacts to neighboring residential properties. Impacts to the surrounding areas would also not be significant. All required infrastructure is in place, including traffic improvements, wastewater and potable water system. Any required improvements will be undertaken by the applicants at no cost to taxpayers. C. Hawaii Coastal Zone Manaaement Program The objectives of the Hawaii Coastal Zone Management (CZM) Program are outlined in Chapter 205A, Hawaii Revised Statutes. The principal goal is to assure the protection and maintenance of the State's coastal resources. Although the entire State falls within the CZM area, the permitting process is geared for those areas proximate to the coast and identified by the County as the Special Management Area. The proposed project will not have any substantial adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and will be clearly outweighed by public interest. The proposed development would be consistent with the objectives of the CZM program. Specifically, • The proposed project will not have any substantial adverse environmental or ecological effect. • The proposed project would be consistent with the objectives of the CZM program, specifically: ■ There would be no impact to the area's recreational resources. The property is not an oceanfront property; ■ Because of the property's historical residential use, the project site should not have any remaining historical resources; ■ The Project will not affect any scenic and open space resources; ■ The coastal ecosystem will not be impacted; ■ There will be more employment opportunities, and furthering the economic use of the site; ■ The site is more than a mile from the shoreline and there would be no coastal hazard or beach erosion or marine resource impacts; -15- ■ Public participation will be achieved through the hearings on this request. Thus, the proposed development would be consistent with the State Land Use Laws and Regulations, County General Plan, Hawaii County Zoning Code, and other appropriate regulatory rules. D. Hilo Community Development Plan As noted earlier, the Hilo CDP was adopted in 1975 by the Planning Commission to serve as a guide to the General Plan. Although the site is designated RS -10, many changes have occurred over the past 25 years, making many of the planning assumptions obsolete. E. Zoning If the request is approved, all requirements relative to height, setback, landscaping, and parking, and the like would be complied with. No variances from the Code are anticipated. -16- ZONING § 25-5-98 (d) Exceptions to the regulations for the V district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2005, Ord. No. 05-155, sec. 9.) Division 10. CN, Neighborhood Commercial Districts. Section 25-5-100. Purpose and applicability. The CN (neighborhood commercial) district applies to strategically located centers suitable for commercial activities which shall be of such size and shape as will accommodate a compact shopping center which supplies goods and services to a residential or working population on a frequent need or convenience basis. This district is distinguished from a central commercial district which provides general business and broad services to a city or region. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-101. Designation of CN districts. Each CN (neighborhood commercial) district shall be designated by the symbol "CN" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. (1996, Ord. No. 96-160, see. 2; ratified April 6, 1999.) Section 25-5-102. Permitted uses. (a) The following uses shall be permitted in the CN district: (1) Adult day care homes. (2) Automobile service stations. (3) Bed and breakfast establishments, as permitted under section 25-4-7. (4) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (5) Business services. (6) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (7) Churches, temples and synagogues. (8) Community buildings, as permitted under section 25-4-11. (9) Convenience stores. (10) Crematoriums, funeral homes, funeral services, and mortuaries. (11) Crop production. (12) Day care centers. (13) Dwellings, double -family or duplex, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (14) Dwellings, multiple -family, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (15) Dwellings, single-family. (16) Family child care homes. (17) Farmers markets. When the vending activity in a farmers market involves more than just the sale of local fresh and/or raw produce, plant life, fish and local homegrown and homemade products for more than two days a week, the director, at the time of plan approval, shall restrict the hours of use, maintenance and operations and may require improvements as determined appropriate to ensure its compatibility with the existing character of the surrounding area. (18) Financial institutions. (19) Group living facilities. (20) Home occupations, as permitted under section 25-4-13. (21) Medical clinics. (22) Meeting facilities. (23) Model homes, as permitted under section 25-4-8. (24) Museums. 25-69 SUPP. 18 (7-2014) Planning Dept. Exhibit: § 25-5-102 HAWAII COUNTY CODE (25) Neighborhood parks, playgrounds, tennis courts, swimming pools, and similar neighborhood recreational areas and uses. (26) Offices. (27) Personal services. (28) Photography studios. (29) Public uses and structures, as permitted under section 25-4-11. (30) Repair establishments, minor. (31) Restaurants. (32) Retail establishments. (33) Schools. (34) Telecommunication antennas, as permitted under section 25-4-12. (35) Theaters. (36) Utility substations as permitted under Section 25-4-11. (b) Buildings and uses normally considered directly accessory to the uses permitted in this section shall also be permitted in the CN district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2012, Ord. No. 12-28, sec. 12.) Section 25-5-103. Height limit. The height limit in the CN district shall be forty feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-104. Minimum building site area. The minimum building site area in the CN district shall be seven thousand five hundred square feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-105. Minimum building site average width. Each building site in the CN district shall have a minimum average width of sixty feet. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-106. Minimum yards. The minimum yards in the CN district shall be as follows: (1) Front and rear yards, fifteen feet; and (2) Side yards, none, except where the adjoining building site is in an RS, RD, RM, RCX or V district. Where the side yard adjoins the side yard of a building site in an RS, RD, RM, RCX or V district, there shall be a side yard which conforms to the side yard requirements for dwelling use of the adjoining district. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-107. Landscaping of yards. (a) All front yards in the CN district shall be landscaped, except for necessary access drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. (b) Where any required side or rear yard in the CN district adjoins a building site in an RS, RD, RM or RCX district, the side or rear yard shall be landscaped with a screening hedge not less than forty-two inches in height, within five feet of the property line, except for necessary drives and walkways, and except for the construction of one single-family dwelling and accessory buildings per lot. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2005, Ord. No. 05-155, sec. 10.) Section 25-5-108. Other regulations. (a) In conjunction with plan approval, the director may require the construction of a continuous eave overhanging the front property line in 'the CN district. The director may also require that the eave be of similar height and design in any one block of the CN district. SUPP. 18 (7-2014) 25-70 ZONING § 25-5-108 (b) Plan approval shall be required for all new structures and additions to existing structures in the CN district, except for construction of one single-family dwelling and any accessory buildings per lot. (c) Exceptions to the regulations for the CN district regarding heights, building site areas, building site average widths and yards, may be approved by the director within a planned unit development. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999; Am. 2005, Ord. No. 05-155, sec. 11.) Division 11. CG, General Commercial Districts. Section 25-5-110. Purpose and applicability. (a) The CG (general commercial) district applies to an area suitable for commercial uses and services on a broad basis to serve as the central shopping or principal downtown area for a city or a region. (b) No CG district shall be established until there is a demonstrated need for such action and no two CG districts shall be established in such relationship to each other that they cannot act as one center and yet are too close together to serve two distinct regions. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-111. Designation of CG districts. Each CG (general commercial) district shall be designated by the symbol "CG" followed by a number which indicates the minimum land area, in thousands of square feet, required for each building site. (1996, Ord. No. 96-160, sec. 2; ratified April 6, 1999.) Section 25-5-112. Permitted uses. (a) The following uses shall be permitted uses in the CG district: (1) Adult day care homes. (2) Amusement and recreation facilities, indoor. (3) Art galleries, museums. (4) Art studios. (5) Automobile service stations. (6) Automobile sales and rentals. (7) Bars, nightclubs and cabarets. (8) Bed and breakfast establishments, as permitted under section 25-4-7. (9) Boarding facilities, rooming, or lodging houses, provided that the maximum density shall be one thousand two hundred fifty square feet of land area per rentable unit or dwelling unit. (10) Broadcasting stations. (11) Business services. (12) Car washing, provided that if it is mechanized, sound attenuated structures or sound attenuated walls shall be erected and maintained on the property lines. (13) Catering establishments. (14) Cemeteries and mausoleums, as permitted under chapter 6, article I of this Code. (15) Churches, temples and synagogues. (16) Cleaning plants using only nonflammable hydrocarbons in a sealed unit as the cleansing agent. (17) Commercial parking lots and garages. (18) Community buildings, as permitted under section 25-4-11. (19) Convenience stores. (20) Crematoriums, funeral homes, funeral services, and mortuaries. (21) Crop production. (22) Day care centers. 25-71 SUPP.14 (7-2012) DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: December 11, 2014 TO: Duane Kanuha, Planning Director FROM: Department e;v- of Public Works, Engineering Division N iA W.:sa SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14-000183) Applicant: Lance Moe y+ Request: RS -10 to CN -10 for Two Parcels t , ig Tax Map Key: 2-2-36: 042 and 111 14 We have reviewed the subject application forwarded by your memo dated December 3, 2014 and offer the following comments for your consideration. All development -generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage plan may be required by the Plan Approval process in accordance with Section 25-2-72(3) of the Hawaii County Code. The subject parcels are in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500 -year floodplain. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. The Zoning Map classifies Kekuanaoa Street as a secondary arterial and Laukapu Street as a collector. Both have an existing right-of-way width of 40 feet. We recommend a minimum 20 -ft corner radius (property line) be provided at the intersection of Kekuanaoa Street and Laukapu Street (Section 23-45). On Kekuanaoa Street, access should be prohibited, or right in and right out restricted by a physical barrier (traffic signs alone are insufficient). Based on the proposed zoning, we recommend the applicant provide improvements to the subject properties entire Kekuanaoa Street and Laukapu Street frontage consisting of, but not limited to, pavement widening with concrete curbs, gutters and sidewalks, drainage improvements, and any required utility relocation, meeting the requirements of the Americans with Disabilities Act and the approval of the Department of Public Works. The improvements shall be located within the future road widening setback established by the Planning Department. Install streetlights and traffic control devices as may be required by the Traffic Division, Department of Public Works. The applicant shall be responsible for the de 1dry allation of such devices. IM146 Questions may be referred to Kelly Gomes at ext. 8327. �L - County of Hawaii is an Equal Opportunity Provider and Employer r em t u 095848 v' DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 345 KEKUANAO`A STREET, SUITE 20 HILO, HAWAII 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 December 18, 2014 TO: Mr. Duane Kanuha, Director z _ Planning Department FROM: Quirino Antonio, Jr., Manager—Chief Engineer _ =} -:, SUBJECT: CHANGE OF ZONE APPLICATION I(REZ 14-000183) APPLICANT — LANCE MOE y REQUEST: RS -10 TO CN -10' TAX MAP KEY 2-2-036:042 AND 111 We have reviewed the subject application and have the following comments and conditions. Water is available from an existing 6 -inch waterline within Kekuanao`a Street or Laukapu Street fronting the subject parcel. There is an existing 1 -inch service lateral assigned to Parcel 111 capable of accommodating a 5/8 -inch meter, which is limited to an average daily usage of 400 gallons. The Department has no objection to the proposed change of zone application subject to the applicant understanding and accepting the following conditions: 1. The Department requests that the applicant submit estimated maximum daily water usage calculations for the proposed restaurant, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the total estimated daily water usage in gallons per day and the estimated peak flow in gallons per minute (GPM), including irrigation use. Upon receipt of the water usage calculations above, the Department will make a determination as to the water commitment deposit amount and prevailing facilities charge, which is subject to change, to be paid. Based on the water demand calculations, the Department will determine the appropriate service lateral and meter size required. The existing service lateral will need to be cut and plugged. 2. The proposed zoning will require the installation of a reduced pressure type backflow prevention assembly, 0 within five (5) feet of the meter on private property. 1f a larger or additional meter is required, a backflow prevention assembly will also be required for that meter. The installation of the backflow prevention 0= assembly(s) must be inspected and approved by the Department before water service can be activated. 3. Subject to other agencies' requirements to construct improvements within the road right-of-way fronting the •� property affected by the proposed development, the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. a J Z V Please be informed that the existing 6 -inch waterline within Kekuanao`a Street is capable of providing a theoretical fire flow of 1,760 GPM; however, the Department's Water System Standards require that a minimum of 2,000 GPM be available at the site for fire protection for the proposed type of land us . We SCANNED ...Water, Our Most Precious Resource ... Ka Mai A K=7 e ... Q05 P RI T The Department of Water Supply is an Equal Opportunity provider and employer. • Mr. Duane Kanuha, Planning Director Page 2 December 18, 2014 recommend that the applicant contact the Fire Department for any fire protection requirements or alternatives. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. yours, Antonio, Jr., P.E. =Chief Engineer TS:dfg copy — Mr. Sidney M. Fuke, Planning Consultant William P. Kenoi Mayor Walter K.M. Lau Managing Director L it ead Todd i Dire& -Or ,4 JBA� ed/ os� 4 _ YJ'aunk of cCt`t DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Keknanao`a Street, Suite 41 • Hilo, Hawaii 96720 (808) 961-8083 • Fax (808) 961-8086 hqp://www.hawaiicoun!y.gov/environmental-nianagement/ MEMORANDUM Date : December 5, 2014 To . DUANE KANUHA, Planning Director From: BJ LEITHEAD TODD, Director J� i - Subject: Change of Zone Application (REZ 14-000183) Applicant: Lance Moe Request: RS -10 to CN -10 for Two (2) Parcels totaling 22,500 sq. ft. to develop a Medical and Related Office Complex TMK: 2-2-036:042 and 111 The Solid Waste Division has reviewed the subject application and offers the following recommendations (Please note Wastewater Division's comments will submitted separately): DEPARTMENT COMMENTS: ( ) Wastewater Division had no comment as this area is not a sewered and there are no immediate plans for sewering of the area. ( ) Other SOLID WASTE COMMENTS: (Contact Solid Waste Division for details.) ( ) No comments Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. ( ) Green waste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( ) Construction and demolition waste is prohibited at all County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( 1 Other: County of Hawaii is an Equal Opportunity Provider and Employer. 49 CL m t314 C .f.. C ,.Q C .0 _a x 0— W SCANNED DEC 2 2 2014 William P. Kenoi Mayor Walter K.M. Lau Managing Director Coutyd HaAd`i CCU'; 4 , }}t' r BJ Leithead Todd 2014 DEC 4 PN ` g: 4-? John AI . Medeiros Deputy Director DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kektianao`a, Suite 41 • Hilo, Hawaii 96720 (808) 961-8083 • Fax (808) 961-8086 hU•//hawaiicounty.gov/environmental-management/ MEMORANDUM Date : December 12, 2014 To . DUANE KANUHA, Planning Director From: BJ LEITHEAD TODD, Director 01-1 Subject: Change of Zone Application (REZ 14-000183) Applicant: Lance Moe Request: RS -10 to CN -10 for Two (2) Parcels totaling 22,500 sq. ft. to develop a Medical and Related Office Complex TMK: 2-2-036:042 and 111 The Wastewater Division has reviewed the subject application and offers the following recommendations (please note Solid Waste Division comments will be submitted separately): DEPARTMENT COMMENTS: LyleHirota WASTEWATER COMMENTS: (Contact Wastewater Division for details.) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai' i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. (X) Check or line out as applicable: [ X ] If required by the Director of the Department of Environmental Management ("Director of DEM"), [ X ] applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( X ) Other: Both garcels are currently accessible to the County Sewer System 095833 County of Hawaii is an Equal Opportunity Provider and Employer. William P. Kenoi Mayor December 16, 2014 County of Hawai'i POLICE DEPARTMENT 349 Kapi`olani Street • Hilo, Hawai'i 96720-3998 (808) 935-3311 Fax(808)961-2389 TO DUANENUHA, LA NTNG DIRECTOR FROM HEN Y TAVA J , ASSISTANT POLICE CHIEF ARE I PERATIO Harry S. Kubojiri Police Chief Paul K. Ferreira Deputy Police Chief SUBJECT: CHANGE OF ZONE APPLICATION (REZ 14-000183) APPLICANT: LANCE MOE REQUEST: RS -10 TO CN -10 FOR TWO (2) PARCELS TOTALING 22,500 SQUARE FEET TO DEVELOP A MEDICAL AND RELATED OFFICE COMPLEX; TAX MAP KEY: 2-2-036:042 AND 111 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Richard Sherlock, Hilo Patrol, at 961- 2214 RS:IIi 140770 "Hawai'i County is an Equal Opportunity Provider and Employer" Planning ep. Exhibit SCANNED DEC 1814 WD 9 5 9 4 DAVID Y. IGE GOVERNOR OF HAWAII �ylvd and m December 18, 2014 Duane Kanuha Planning Director County of Hawaii 101 Pauahi Street Suite 3 Hilo, HI 96720 HISTORIC PRESERVATION DIVISION DEPARTMENT OF LAND AND NATURAL RESOURCES 601 Kamokila Boulevard, Suite 555 Kapolei, HI 96806 1� 'VYIJ.LIAM J. AILA, AL CNADtPFA5011 • BOARD OFON WAIN RESOURCE L RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT FL Sou Ij 7 ST DEPUTY WILLIAM M. TAM DEPUTY DIRECTOR- WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVAnON AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATEPARKS LOG NO: 2014.05476 DOC NO: 1412SN16 Archaeology Archaeology Aloha Mr. Kanuha, SUBJECT: Chapter 6E-42 Historic Preservation Review — County of Hawaii Change in Zoning to Develop a Medical and Related Office Complex Waiakea Ahupua`a, South Hilo District, Island of Hawaii TMK• (3)2-2-036.042 and 111 Thank you for the opportunity to review this application that was received by our office on December 8, 2014. The application indicates the la4d owner plans to change the zoning from Residential (RS -10) to Commercial - Neighborhood (CN -10) for the two aforenmentioned parcels which were recently approved for consolidation. The applicant plans to construct a 3,150 square foot single -story structure with a parking area for his medical practice. A review of our records indicates that there are no known archaeological sites and there has been no archaeological inventory survey (AIS) of this project area. The parcels have been subject to residential/urban development. Based on their current condition it is unlikely that any surface or subsurface historic properties remain. SHPD believes that the change in zoning (CIZ) and proposed activities associated with the CIZ would result in no historic properties affected. In the event that historic resources, including human skeletal remains, structural remains, sand deposits, midden deposits, lava tubes, or lava blisters/bubbles are identified during any future land alterations on these parcels, please cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division at (808) 933-7651 Please contact Sean Naleimaile at (808) 933-7651 or Sean.P.NaleimailehHawaii.gov if you have any questions or concerns regarding this letter. Mahalo, Theresa K. Donham Archaeology Branch Chief Planning Exhibit 440d 4-/ By. �OF• 1 7 5. 14 7 PIN 3: 59 DAVID V. WE VYILLI�A IN JR ODVERN M OF HAWAII NONO>UF'LAMI ANvtNII1NA1 0Waln.11 q t LUMM ION qI WAIM IIMUMM MINMNMIM x STATE OF 11AWAH Q DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 �+Ieol►+NI'� HONOLULU, HAWAII 96609 December 30, 2014 County of Hawaii Planning Department Attention: Mr. Jeff Darrow 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: via email: idarrow(-co.hawaii.hi.us SUBJECT: Change of Zone Application (REZ 14-000183); Request: RS -10 to CN -10 for Two (2) Parcels Totaling 22,500 Square Feet to Develop a Medical and Related Office Complex, Lance Moe, Applicant, South Hilo, Hawaii; TMK: (3) 2-2-036:042 and 111 Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) Land Division distributed or made available a copy of your report pertaining to the subject matter to DLNR Divisions for their review and comments. At this time, enclosed are comments from the (i) Engineering Division, and (ii) Hawaii District Land Office on the subject matter. Should you have any questions, please feel free to call Kevin Moore at 587-0426. Thank you. Sincerely, Russe . Tsuji Land Administrator Enclosure(s) Planning t, Exhibit SCANNIED JAN 0 1 2019 By: DAVID V. IGt ODVERNOR OF HAWAM FPXM: SUBJECT: LOCATION: APPLICANT: STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII %809 December 8, 2014 MEMORANDUM DLNR Agencies: — Div. of Aquatic Resources Div. of Boating & Ocean Recreation X Engineering Division Div. of Forestry & Wildlife _Div. of State Parks _Commission on Water Resource Management _Office of Conservation & Coastal Lands -K-Land Division – Hawaii District X Historic Preservation W ILLMM J. AJLA, JRL MIMOiMLAMCIAWMrjM a�iUR+ILL+ RMlW14 LTA&M IDM OM WAIRR RWKXXtM MAHA*MW1 .c - Rus 1 Y. suji, Land Administr r Ch of Zone Application (REZ 14-000183); Request: RS -10 to CN -10 for Two (2) Parcels Totaling 22,500 Square Feet to Develop a Medical and Related Office Complex South Hilo, Hawaii; TMK: (3) 2-2-036:042 and 111 Lance Moe Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comments by December 30, 2014. If no response is received by this date, we will assume your agency has no comments. If you have any questions about this request, please contact Kevin Moore at 587-0426. Thank you. ( ) We have no objections. We have no comments. ( •� Comments are attached. signed: Aw.,es,4 Printnal�le� j�f Date. l Z� cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/ Russell Y. Tsuji REF: Change of Zone Application (REZ14-000183) and County Rezoning Request from RS -10 to CN -10 for 2 Parcels Totaling 22,500 Sq.Ft. to Develop a Medical and Related Ofc Complex, S. Hilo Hawaii.054 COMMENTS (X) We confirm that the project site, according to the Flood Insurance Rate Map (FIRM), is located in Flood Zone X. The National Flood Insurance Program does not have any regulations for developments within Zone X. () Please take note that the remainder of the project site according to the Flood Insurance Rate Map (FIRM), is located in Zones _. () Please note that the correct Flood Zone Designation for the project site according to the Flood Insurance Rate Map (FIRM) is () Please note that the project site must comply with the rules and regulations of the National Flood Insurance Program (NFIP) presented in Title 44 of the Code of Federal Regulations (44CFR), whenever development within a Special Flood Hazard Area is undertaken. If there are any questions, please contact the State NFIP Coordinator, Ms. Carol Tyau-Beam, of the Department of Land and Natural Resources, Engineering Division at (808) 587-0267. Please be advised that 44CFR indicates the minimum standards set forth by the NFIP. Your Community's local food ordinance may prove to be more restrictive and thus take precedence over the minimum NFIP standards. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP Coordinators below: () Mr. Mario Siu Li at (808) 768-8098 of the City and County of Honolulu, Department of Planning and Permitting. () Mr. Frank DeMarco at (808) 961-8042 of the County of Hawaii, Department of Public Works. () Mr. Carolyn Cortez at (808) 270-7253 of the County of Maui, Department of Planning. () Mr. Stanford Iwamoto at (808) 241-4896 of the County of Kauai, Department of Public Works. () The applicant should include project water demands and infrastructure required to meet water demands. Please note that the implementation of any State-sponsored projects requiring water service from the Honolulu Board of Water Supply system must first obtain water allocation credits from the Engineering Division before it can receive a building permit and/or water meter. (} The applicant should provide the water demands and calculations to the Engineering Division so it can be included in the State Water Projects Plan Update. () Additional Comments: O Other: Should you have any questions, please call Mr. Dennis lmada of the Planning Branch at 587-0257. Signed: • ARTY S. G, CHIEF ENGINEER Date:I V� �. Wo Mt M PH; LC OVA• "62 9r- --T R.OMMMOEMIRM FROPER[YINKMAIM SPEMALRMHAZMVAFEASSUMM70KNA7MOY7Wi%AWM CMW HWW1 CHAMRDW-1h91%WTWdM (10D-yw1ooAshokmnasftbne 7WN(k (3)Z24M4X2 Soc4isteloodtofthasail/ods ofbdMeW"oreceWW1nav#my8w- pARaLAwvM MKBO414SIFEE1 lbe4mo Road FM=d ist*aea9hj db1ooftby heMavmld®roetood HLQ H 91M Amd*M Road FkWdkxkdeZ"A AR AK AQ V, Nd \E- ltvBmRoad FMOMDAIE *RLOZMM B&Aemp:pistevmW-wftmdeA&ndftl%anddo toed. Mmdalory LEMOMAP CHANG144 NM #ood1n&m=ps&mW0ieshMm 2b*A. MMCF-dabid FEMFMPMEL(R. 15518808900 14 fteAr-- emdwnineri PANELEFFBMMDAIS SEPrBMM 1W ZonsiAlt RoWd4ftdliD3fed(m*arandpmfttg:Eddw*md ZomACk RoaddepMod I b Mad (qu*died Bowan doft t3r" aw4pdq*6dft,,0 ZomV.6 Ooae4iAoadamewitwebdlyhad(vaaiieaclon�nDBFEdeten►ited PAFMOATAFRM JUNEM ZomVrt OoesFalAood=evdhvdodgrhe3arBFEdalaminedNAROWDATAFRM MNY2005 ZomAEF. 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Viewers/Users, are responsible for verifying the ZomX- kmddwMnedtDbaaftdgftOP/4DaTWdsloe ftatim accuracy of the information and agree to indemnify the DLNR from any CM*RR=AFIEAS liability, which may arise from As use If this map has been dentified as 'PRELIMINARY'orUNOFFICIAL, Z"Ik U(MUJOareas WWOODdIrdas are uiMatoned, but fiOC*VIS please note that ft is being provided for (Armadonal purposes and is pwo"da Wevadeb floodinaranoepvdlaseMgUI-I8Msapply,bl2OMMW not to be used br WkipMagal decisions, regulatory compliance, or good isavailable lnpeddpft=MUfte& insurance rating. Contact your county NFIP coordinator for flood zone determinations to be used for compliance with local floodplain management regulations. DAVID Y.IG6 O0vff4NOA OF HAWAII TO: FROM: SUBJECT: LOCATION: APPLICANT: 0 STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 968M December 8, 2014 MEMORANDUM WILU"J. AH.A,JR I.iLY7k11Rlll BOARDIN LAND A161 NAt1lIW lIL', LiNOY16UNUN WAi 1112UI1RCk W4M DLNR Agencies: ,Div. of Aquatic Resources _Div. of Boating & Ocean Recreation X Engineering Division — Div. of Forestry & Wildlife _Div. of State Parks _Commission on Water Resource Management _Office of Conservation & Coastal Lands X Land Division Hawaii District X Historic Preservation RY. Tsuji, Land Adminis r C f Zone Application (REZ 14-000183); Request: RS -10 to CN -10 for Y. (2) Parcels Totaling 22,500 Square Feet to Develop a Medical and Related Office Complex South Hilo, Hawaii; TMK: (3) 2-2-036:042 and 11 l Lance Moe Transmitted for your review and comment is information on the above referenced application. We would appreciate your comments on this application. Please submit any comments by December 30, 2014. If no response is received by this date, we will assume your agency has no comments, if you have any questions about this request, please contact Kevin Moore at 587-0426. Thank you. We have no objections. ( ) We have no comments. ( ) Comments saare e a Print name: o-.po i✓ �i7"" Date: LiS.:4-L_ cc: Central Files DAVID Y. IGE GOVERNOR OF HAWAII �; a :a sa ; •tis STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: December 19, 2014 TO: Duane Kanuha Planning Director, County of Hawaii FROM: Newton Inouye 4 - District Environmental Health Program Chief KEITH YAMAMOTO ACTING DIRECTOR OF HEALTH SUBJECT: Change of Zone Application (REZ 14-000183) Applicant: Lance Moe Request: RS -10 to CN -10 for Two (2) Parcels totaling 22,500 Square Feet to Develop a Medical and Related Office Complex Tax Map Key: 2-2-036:042 and 111 Wastewater Branch found no wastewater/environmental health concerns with regulatory implications in the submittal. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. The Department of Health does not have any objections to the proposed c'. However, existing or planned land use activities adjacent to the proposed be compatible with a residential neighborhood: Planning ,QePt. Exhibit Duane Kanuha December 19, 2014 Page 2 of 2 We recommend that you review all of the Standard Comments on our website: http•//hawaii govihealth/environmental/env-planning/landuse/landuse.html. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working; Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. WORD: REZ 14-000183.ni r SidneyFuke, Planning Consultant 21 p} • 100 Pauahi Street, Suite 212 •Hilo, Hawaii 96720 �`. ` � Planning ' Variance • Zoning Telephone: (808) 969-1522 • Cell: (808) 989-0640 • Subdivision • land Use Permits E-mail: sidfuke hawaiiantel.net• Environmental Reports 2011q'' 2" N11- 3: r18 December 29, 2014 Mr. Duane Kanuha, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kanuha: Subject: Rezoning Application (REZ 14-000183) Applicant: Mr. Lance Moe TMK: 2-2-036: 042 and 111 - Thank you for providing me with a copy of agency comments to date regarding the subject application. In response to these comments, we provide the following: a. The Department of Water Supply ("DWS") noted that water for the proposed medical office use is available. However, the DWS notes that a maximum daily water usage calculation be provided, which will be done by the applicant. Further, a backflow preventer can and will be installed by the applicant in conjunction with the building permit process. The DWS further notes that commercial use standards call for a minimum fire flow rate of 2,000 gpm, which can be achieved only with an 8 -inch water line and not the existing 6 -inch line. This can be addressed with the approval of the Fire Department. In that regard, the applicant is now in discussions with the Fire Department and will comply with its requirements. Compliance will be enforced via the building permit process. b. In similar rezoning applications, the Fire Department ("FD") has commented that fire access be made available within 150' of all parts of any building. This and the access requirements, as well as any alternative to the minimum fire flow requirement will need to be fulfilled prior to issuance of a building permit. Given the above, we respectfully request that should the application be favorably considered with conditions, there be a condition of compliance with the DWS, except as may be modified by FD relative to fire protection, prior to issuance of a building permit. c. The Police Dppartment did not anticipate any traffic and/or safety concerns. Further, the Department of Environmental Management had no comments relative to solid waste and noted that there is a sewer line. The project will connectt�1i Planningept. p1%��201�3 Exhibit syl 0 Mr. Duane Kanuha, Director December 29, 2014 Page 2 d. Relative to the Department of Public Work ("DPW") — Engineering's comments, the requirement of containing all project -generated water on-site will be complied with. A drainage plan, as required by the Plan Approval process, will be submitted and subsequently implemented. Likewise, if needed, all appropriate traffic control devices and street lights will be installed in conjunction with the development of this project. As with the properties in this area that were recently rezoned, the applicant is aware of and accepts that a 5 -foot wide future road widening strip fronting the site's Laukapu and Kekuanaoa Streets frontage will have to eventually be relinquished to the County. Further, taking into account the 5 -foot wide future road widening strip, a concrete curb, gutter, and sidewalk section fronting the site's two frontages will have to be installed prior to issuance of an occupancy permit. e. Finally, the requirements of the State Department of Health relative to noise and dust control measures will be adhered to during the construction phase of this project. We trust that the above adequately responded to the comments to date. If not or if there are further questions or comments on this matter, please let me know. Thank you very much. Sincerely, U SIDNEY . FUKE Planning Consultant Copy — Mr. Lance Moe w/ enclosures via email Dr. Edward Gutteling w/ enclosures via email Woe-REZ 14-18 3 . j wd-01 /23 / 14 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION LANCE MOE CHANGE OF ZONE APPLICATION (REZ 14-000183) Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation of the change of zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a change of zone from Single -Family Residential 10,000 square feet (RS -10) to Neighborhood Commercial 10,000 square feet (CN -10) to construct a medical office for the landowner, Chedhold, LLC, whose principal and managing member is Dr. Edward Gutteling. The medical office is to be occupied by Dr. Gutteling and possibly another physician. The proposed medical facility would consist of an approximately 3,150 square -foot, single -story structure. The applicant intends to begin construction after obtaining all necessary permits and hopes to have occupancy by mid -2016 or sooner. The estimated cost of the basic infrastructure and on- site improvements is $800,000. Dr. Gutteling currently practices at 45 Mohouli Street and his lease is about to expire. If he were to stay at the present location, there would be a need for significant interior renovations to make his practice more efficient. He is proposing to build his own new facility rather than put substantial monies into a leased facility. In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must also be considered as they may have an impact on similar areas in the County. The Change of Zone request from RS -10 to CN -10 will conform to, among others, the goals, policies and standards of the General Plan Economic and Land Use Elements. The General Plan is intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. The overall goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. Land Use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources. The request conforms to the goals, policies and standards of the General Plan in that the proposed development will be developed in an area adequately served by necessary services such as water, utilities and transportation systems. The proposed project conforms to the Commercial Development goal which states "provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods." The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non -urban form for areas within the County. The project area is designated Medium Density Urban on the LUPAG Map. This designation allows village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential — up to 35 units per acre). The requested zoning would be consistent with the urban designation on the LUPAG Map for this area of Hilo. The requested zoning is also consistent with the following goals, policies, and actions of the General Plan: LAND USE — GENERAL • Zone urban- and rural -types of uses in areas with ease of access to community services and employment centers and with adequate public utilities and facilities. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. -2- • Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. LAND USE — COMMERCIAL • Provide for commercial developments that maximize convenience to users. • Provide commercial developments that complement the overall pattern of transportation and land usage within the island's regions, communities, and neighborhoods. • Commercial facilities shall be developed in areas adequately served by necessary services such as water, utilities, sewers, and transportation systems. Should such services not be available, the development of more intensive uses should be in concert with a localized program of public and private capital improvements to meet the expected increased needs. • Within the Waiakea Houselots "medium density" area, commercial development shall be focused on the major streets --- Kekuanaoa, Piilani, Manono, and Lanikaula, while the interior blocks should be zoned primarily for single- and multi -family residential use. The State Land Use designation for the subject property is Urban. The property is designated Urban by the Land Study Bureau's Productivity Rating. The Hilo Community Development Plan (CDP), adopted in 1975, suggests residential uses in this area. However, this area is transitioning to higher density commercial type uses. The proposed change of zone would complement the existing commercial land uses that already exist in this area and will provide for an orderly development of the area. The property is a vacant, 22,500 square foot parcel located on Laukapu Street. The property was formerly used as a single-family residence, and the applicant proposes to renovate the dwelling to relocate her real estate business to the site. The land uses in the area are a mix of residential and commercial uses. Big Island Candies is located on Hinano Street northwest of the site. Properties within 500 feet of the property along Laukapu Street to the north have been rezoned into the MCX-20 district for a proposed restaurant, retail shop, and a veterinary clinic. Immediately adjacent properties to the -3- north and south are zoned RS -10 and improved with residences. Rezonings in the area from RS -10 to Neighborhood Commercial include: • TMK: 2-2-34: 85 and 93 (Ordinance No. 00 03 1) • TMK: 2-2-34: 12 (Ordinance No. 06 107) • TMK: 2-2-34:13 (Ordinance No. 06 124) • TMK: 2-2-34: 84 (Ordinance No. 08 006) • TMK: 2-2-36: 25 and 26 (Ordinance No. 08 20) • TMK: 2-2-34: 88 (Ordinance No. 09 45) • TMK: 2-2-34: 82 (Ordinance No. 10 76) All utilities and services are available to the site. The project will connect to the existing County sewer system. Solid waste will be disposed of by commercial handlers. Access to the property will be from Kekuana6`a Street and Laukapu Street. Full access to the project site will be from Laukapu Street, designated as a collector with a substandard right-of-way width of 40 feet. The applicant will be allowed to provide a right -iii and right -our access to the project site from Kekuana6`a Street, designated as a secondary arterial with a substandard right-of-way width of 50 feet. The Department of Public Works (DPW) has recommended that the applicant provide improvements to the property's entire Kekuana6`a Street and Laukapu Street frontages consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements, and any required utility relocation. County water is available to the property from a 6 -inch waterline within Kekuana6`a Street or Laukapu Street. In a letter dated December 29, 2014, the applicant agrees to comply with the Department of Water Supply's comments relative to fire protection, prior to issuance of a building permit. The property has no severe geological or topographical problems which cannot be rectified or which would render the land unusable. The project site is located within Zone "X", area determined to be outside the 500 -year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. -4- No professional surveys were conducted of the site due to the history of the property being used for residential purposes. By letter dated December 18, 2014, the Department of Land and Natural Resources -State Historic Preservation Division (DLNR-SHPD) has issued a "no -effect' letter regarding the proposed project. No professional flora or fauna surveys were conducted of the site. The applicant does not believe that rare or endangered floral or faunal resources are on the site as the property is improved and located within an urban environment close to existing commercial uses. The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The project site is not proximate to the shoreline and outside of the SMA. There is no record of a designated public access to the shoreline or mountain areas that traverses the site. According to the applicant, no valued cultural, historical or natural resources exist on the properties and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. Therefore, no action is necessary to protect these rights. Lastly, this approval is made with the understanding that the Applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject property. Additional governmental requirements may include the issuance of building permits, the installation of approved wastewater disposal systems, compliance with the Fire Code, installation of improvements required by the American with Disabilities Act (ADA), among many others. Compliance with all applicable governmental requirements is a condition of this approval; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above, the approval of the change of zone request from a Single -Family Residential (RS -10) to a Neighborhood Commercial (CN -10) zoned district would result in an appropriate land use pattern that will further benefit the general public. -5- The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. -6- COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. - ft"Wtv AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL —10,000 SQUARE FEET (RS -10) TO NEIGHBORHOOD COMMERCIAL —10,000 SQUARE FEET (CN -10) AT WAIAKEA HOUSE LOTS, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-036:042 & 111. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea House Lots, South Hilo, Hawaii, shall be Neighborhood Commercial —10,000 square feet (CN -10): Beginning at a spike set at the northeast corner of this parcel of land, also being on the southwest corner of the intersection of Kekuanao`a Street and Laukapu Street, as shown on the map of Waiakea House Lots, I' Series, filed as Registered Map No. 2566 in the State of Hawaii D.A.G.S., the coordinates of said Point of Beginning referred to Government Survey Triangulation Station "HALAL" being 1,803.00 feet South and 10,081.00 feet East and thence running by azimuths measured clockwise from true South: 1. 000 00' 00" 100.00 feet along the east line of Laukapu Street, 40 feet wide, to a 1 /2' pipe set, thence; 2. 900 00' 00" 225.00 feet along the north boundary of Lot 4 to a 1/2" pipe found, thence; 3. 1800 00' 00" 100.00 feet along the east boundary of Lot 1 to a 1-1/2" pipe found, thence; 4. 2700 00' 00" 225.00 feet along the south line of Kekuanao`a Street, 40 feet wide, to the Point of Beginning, enclosing an area of 22,500 square feet, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (1) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. SEE ATTACHED CONDITIONS SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. Hilo, Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII -3- CN -20 RS -10 CG -20 MCX-20 RS -10 RS -10 SINGLE FAMILY RESIDENTIAL -10,000 SQUARE FEET (RS -20) TO NEIGHBORHOOD COMMERCIAL -10,000 SQUARE FEET (CN -10) 22,500 SQUARE FEET RS -10 RS -10 CN -10 CG 20 MCX-20 J10 C65-20 RS -10 CG -20 1, eos.00's -10,051.00'E "HALAT' KEKUANAOA S CN -10 RS -10 RS -10 I RS -10 H RS -10 RS10 RS -10 - RS -10 O a Q Y Z RS -10 RS -10 RS -10 RS -10 RS -10 RS -10 RS -10 CN -10 RS -10 ---- 711111111 1 Feet 0 125 250 375 500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS -10) TO NEIGHBORHOOD COMMERCIAL - 10,000 SQUARE FEET (CN -10) AT WAIAKEA HOUSELOTS, SOUTH HILO, HAWAII MAP PREPARED BY: TMK: (3) 2-2-036:042 & 111 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE: DECEMBER 2, 2014 EXHIBIT "A" Moe Map: 1353 CMoe-REZ14-183 Jwd-01 /23/15 LANCE MOE CHANGE OF ZONE APPLICATION (REZ 14-000183) CONDITIONS OF APPROVAL A. The applicant(s), successors or assigns shall be responsible for complying with all of the stated conditions of approval. B. Prior to the issuance of a water commitment by the Department of Water Supply (DWS), the applicant(s) shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii to the DWS. A water commitment deposit shall be paid to the DWS within 180 days from the effective date of this ordinance in accordance with Rule 5 of the Department of Water Supply's Rules and Regulations. The applicant is responsible for maintaining valid water commitments to support the proposed use until such time that required water facilities charges are paid in full. C. The applicant(s) shall install a reduced pressure type backflow prevention assembly within five (5) feet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. D. Construction of the proposed development shall be completed within five (5) years from the effective date of this ordinance. Prior to construction, the applicant(s), successor(s) or assign(s) shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify all existing and/or proposed structure(s), paved driveway access and parking stalls associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements) standards for CN zones adjoining a RS zone. E. Driveway access from Kekuana6' a Street and Laukapu Street shall conform to Chapter 22, Streets and Sidewalks, of the Hawaii County Code. Re: Bill 26/Comm. 132 F. Access to the subject property from Kekuanao`a Street shall be restricted to a right -in, right -out access accompanied by a physical barrier(s) to prevent left turns meeting with the approval of the Department of Public Works. G. A ten -foot road widening strip along the entire Kekuanao`a Street frontage and a five-foot wide road widening strip along the entire Laukapu Street frontage of the subject property shall be subdivided and dedicated to the County, at no charge, within five (5) years from the effective date of this ordinance. Such dedication shall include improvements within the road widening strip consisting of, but not limited to, pavement widening with concrete curb, gutter and sidewalk, drainage improvements and any required utility relocation, meeting the approval of the Department of Public Works and conforming to the requirements of the Americans with Disabilities Act. H. A minimum 20 -foot corner radius (property line) shall be provided at the intersection of Kekuanao`a Street and Laukapu Street. I. All development -generated runoff shall be disposed of on site and shall not be directed toward any adjacent properties. If required, a drainage study shall be prepared by a licensed civil engineer and submitted to the Department of Public Works prior to issuance of a construction permit. Any recommended drainage improvements, if required, shall be constructed meeting with the approval of the Department of Public Works prior to receipt of a Certificate of Occupancy. J. The project shall connect to the County sewerline fronting the property. K. If the applicant(s), successor(s), or assign(s) develops residential units on the subject property, the applicant(s) shall make its (their) fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be based on the actual number of residential units developed. The fair share contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning -2- three years after the effective date of this ordinance, based on the percentage change in the Honolulu Consumer Price Index (HOPI). The fair share contribution shall have a combined value of $8,542.61 per multiple family residential unit ($13,312.70 per single family residential unit). The total amount shall be determined with the actual number of units according to the calculation and payment provisions set forth in this condition. The fair share contribution per multiple family residential unit (single family residential unit) shall be allocated as follows: $4,213.83 per multiple family residential unit ($6,419.62 per single family residential unit) to the County to support park and recreational improvements and facilities; 2. $133.18 per multiple family residential unit ($309.68 per single family residential unit) to the County to support police facilities; 3. $409.67 per multiple family residential unit ($611.66 per single family residential unit) to the County to support fire facilities; 4. $182.59 per multiple family residential unit ($267.79 per single family residential unit) to the County to support solid waste facilities; and 5. $3,603.34 per multiple family residential unit ($5,703.94 per single family residential unit) to the County to support road and traffic improvements. In lieu of paying the fair share contribution, the applicant may contribute land and/or construct improvements/facilities related to parks and recreation, fire, police, solid waste disposal facilities and roads within the region impacted by the proposed development, subject to the review and recommendation of the Planning Director, upon consultation with the appropriate agencies and approval of the County Council. L. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance. M M. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall be approved by the Administrator of the Office of Housing and Community Development prior to final plan approval. N. The applicant(s) shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. O. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance (i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the applicant(s) should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate rezoning of the area to its original or more appropriate designation. -4- Re: Bill 26/Comm. 132 mm � ��� ,, �: ': a ■� ;F+�►L°-P No' - — =„ fir• 4 �' ra � � w s a AdV ... p: t1 ...AM ■.�� �p -ar a El e �� u; wa x j Elam, �; ... t. AWd OL i x ■ ... -. �_ 1. Coo earth -MEL Date: 1/2Z'2u13 19°42'42.64” N 155°04'05.b3" W elegy 20 ft eye alt 1992,L� l MUM IL ■� ;F+�►L°-P Amew - — j ,-, fir• 4 �' liv � � w s a AdV ... p: t1 ...AM �p -ar a u; wa t. AWd OL IL■ x ■ Cog Coo earth -MEL Date: 1/2Z'2u13 19°42'42.64” N 155°04'05.b3" W elegy 20 ft eye alt 1992,L� Change of Zone from RS -10 to CN -10 to construct a medical office. The medical office is to be occupied by Dr. Gutteling and possibly another physician. The proposed medical facility would consist of an approximately 3,150 square -foot, single -story structure. There will be a right -in and right -out access proposed for the Kekuanaoa Street entrance and a full movement access from Laukapu Street. T rte. r2- 0-2It 3 -Iii- iii -i ilii ee'a•• Floor ...too-}io•!^�o•=•',a.•.^�s.a•.s�'__�T,.,.y.�'s+a EXAMS EXAM 6 z EXAM 7 I F 57AFF BREAK ROOM WC WC et tl'a^ Dft. OFFICE I BRENDA HALLWAY sV' Z- STO-E STOK DR. OFFICE - - NURSE X-RAY -- c.r � •i p ADMIN G HALLWAY; NDTEi1.-+tined D.rw.tl j v. � i repnirad in W V roam I DR. OFFICE I- ze+,y I HALLWAY TRIAGE 2'. TRIAGE I RAQUEL RECEPTION wr U HALLWAY y.e f NVwyrVtel} WC ""'^ ye Y•r -'WAITING ROOM - �j 15'a" +t EXAM . _I EXAM 3 - E"AM 2 EXAM 1 UTILITY .I . K 1 I �--too--�--ea"-Y�'B�.a�----t--r'°t. } v-o--t-e'.o^ ,«.. �2o..p.• �^ PORTE COCHERE RFM L M E t Floor Plan 77 r FMOMT ELEVATION KEY wo _. fj j_.. r ... .._ hiiSLNR\�'1v41'cl�h'�.�3a173'�tiR-g1l�"Lc': .l-. -• •. �� �_ t ®. _ __ E a `� _ _ _. - _ Favorable Recommendation With Conditions